Back / lumbar spine decisions — 2018

The Board has denied service connection for cervical spine, lumbar spine, left knee, and right knee disabilities as the evidence does not support a link between these conditions and in-service parachute jumps.

The Board has granted an effective date of August 16, 2008 for the award of service connection for PTSD. The Veteran's claims for increased ratings for low back strain and left knee DJD, as well as his claim for a higher rating for migraine headaches are remanded.

The Veteran's petition to reopen claims of service connection for tinnitus, bilateral hearing loss, left ear hearing loss, right ear hearing loss, low back disability, bilateral hip condition, obstructive sleep apnea, and erectile dysfunction was granted. Service connection is established for PTSD with a rating of 70 percent effective from April 9, 2014.

The Veteran's claim for service connection for a back disability is denied as there was no in-service occurrence or aggravation of a disease or injury.,The Veteran's claim for service connection for a left knee disability is denied as there was no in-service occurrence or aggravation of a disease or injury.,The Veteran's claim for a compensable evaluation for her service-connected bilateral hearing loss is denied due to the lack of evidence showing significant hearing impairment that would warrant such a rating.,The Veteran's claim for an evaluation in excess of 10 percent disabling for her service-connected hypertension is denied as her symptoms do not meet the criteria for higher ratings.

The Board has remanded the case due to incomplete records and issues related to service connection for left lower extremity radiculopathy and whether new and material evidence has been received sufficient to reopen a previously denied claim for service connection for a back disability.

The Veteran's claim for service connection for chronic low back pain with lumbar spine multi-level degenerative disc disease was reopened and granted. The claim for arthritis was denied, as there is no evidence of arthritis in any body part treated during service or within one year of separation from service. The Veteran's depressive disorder remains at a 70 percent disability rating.

The Veteran's claims for increased ratings for lumbar spine degenerative disc disease and right hip osteoarthritis were denied as her conditions did not meet the criteria for a higher rating under the applicable VA disability evaluation criteria.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's back condition and his in-service fall off a truck.

The Board has granted service connection for left shoulder disability, right shoulder disability, lower back disability, neuropathy of the left lower extremity, and neuropathy of the right lower extremity. The disabilities are considered to have originated during service.

The Board has decided to remand the Veteran's claims of service connection for lower back disability, neck disability, and dental disability due to incomplete records and inadequate examination findings. The Veteran will need to provide authorization for private medical records and updated VA outpatient records. Additionally, he will require a VA spine examination to address his in-service injury and current diagnoses, as well as a VA dental examination to clarify any current diagnoses and their etiologies.

The Board has granted service connection for a low back disability and an acquired psychiatric disorder (including PTSD, anxiety disorder NOS, panic disorder, and depressive disorder). The low back disability is considered to be due to deconditioning including excessive tone in the lower extremities and weak abdominal muscles. Service connection for the acquired psychiatric disorder is granted as it is related to service.

The Veteran's retroactive payment based on a CRDP adjustment for the period from August 1, 2011 to October 31, 2012 was calculated and awarded correctly.

The Veteran's claim for service connection for a left ankle disability is denied as the evidence does not support credible reports of an in-service injury.,The Veteran's claim for an initial rating in excess of 10 percent for lumbar spondylosis prior to February 8, 2016; and 20 percent thereafter is denied. The Board finds that his symptoms do not more nearly approximate the criteria for a higher rating.,The Veteran's claim for a rating in excess of 20 percent for lumbar spondylosis since February 8, 2016 is denied as there is no evidence of forward flexion limited to 30 degrees or less; nor has favorable ankylosis been shown.

The Board has decided to remand the case for further examination and opinion regarding the etiology of the Veteran's low back disability, whether it is related to service or secondary to his service-connected neck disorder or left knee peripatellar bursitis.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to an in-service injury. The claim was reopened due to new evidence of a fall during active duty.

The Veteran's low back disability has increased in severity, and he contests the validity of a VA examination report. The Board finds that an accurate assessment is needed for both his current back disability and related issues.

The Board denied the Veteran's claims of service connection for joint pain, tinnitus, and sleep apnea. The Board found no evidence of a current disability or in-service incurrence or aggravation.

The Board has granted service connection for the Veteran's neck disorder and an initial rating of 20 percent for his degenerative joint disease status-post lumbar fusion. The appeal is remanded to determine the Veteran's employability status.

The Veteran's low back disability is rated at 40 percent prior to May 23, 2014. The Board has remanded the issue of entitlement to a higher rating for his low back disability and dismissed the TDIU claim due to SMC already being in place.

The Veteran's service-connected PTSD, left knee disability, and low back disability have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability (TDIU).